If you are Divorced or separated from your children‚ mother or father arranging the summer holidays is always a hard subject to discuss. Here are a few helpful tips to make the plans run more smoothly.
When should I start planning my summer holiday with the children?
As soon as possible if you can plan ahead it will prevent last minute panic and arguments and may be cheaper when booking. You should tell your former partner your plans and give them all of the details including where you are going and when, how you are travelling & and who will be going with you. Tell them everything that you would want to know if your children were going away without you. Problems generally are caused from lack of communication or misunderstandings so answer any questions that are raised.
Where can I take the children?
If there is no court order you can take them anywhere, within reason, if your name is on the birth certificate you have parental responsibility, so it is the same situation as before the separation. You can take the children abroad if they have their own passport. You should make sure you tell your former partner to prevent any mistrust in the future.
How long can I go for?
Again if there is no court order, you can go for as long as you want to, but do not book it until it is agreed. If it is not agreed your former partner could apply to court for a prohibited steps order to prevent the trip and you then would not get your money back if you have already made any payments. Make sure when you are booking the holiday you take into account travel time to and from the airport and factor this into your discussions.
How can we arrange the holiday plans if we can‚agree?
The best way is to discuss the plans and try to compromise if possible so the children enjoy their holidays. If you can‚agree all or part of the plans between yourselves then you can attend mediation and discuss the arrangements with an independent trained mediator who will try to help you both reach an amicable agreement.
If we agree in mediation do we have to go to court?
If you agree to any arrangements for your child you do not need a court order, but if you want the protection of an order, the agreement reached can be made into a court order by making an application. However, the court has to feel an order is necessary; it will not automatically be made.
What if I can‚agree the plans?
If after discussion and mediation there is no agreement then you can make an application for a specific issue order just for this holiday or a child arrangement order to deal with this and all other future holidays. The court will consider both parents views and make an order taking into account what is in the child‚ best interests and most appropriate for their welfare.
What order can I expect the court to make?
The court will have to look at all the issues in the case and every family is different and will have their own personal circumstances to consider. The court will consider the welfare of the children and in every case go through a checklist to make sure the order is appropriate. This will include issues such as the child‚ wishes and feelings, their needs, age, any risks and the effect any change would have on the child.
What if there is a court order in place?
A child arrangement order will set out the defined plans for the child‚living arrangements and should cover summer holidays; you will need to comply with the order.
Make sure you check the details carefully if the order allows for a particular number of days make sure your flights fit in with this order as often flights will be late at night or early the next morning, which may eat into your days of holiday. If the order does not include the summer arrangements then you can make an application to vary the order to include holidays. Make sure you apply in plenty of time before the holiday. An application can take several months to conclude.
What if the court order says the children live with me, does this make a difference?
On the court order there will be a notice to confirm if the children live with you, it is possible for you to take the children out of the country for up to 4 weeks without having to apply to the court to amend the order. If you intend to go for longer than 4 weeks then you would need to apply to court to vary the order.
When I am on holiday do I have to contact my former partner every night?
It is good to have an understanding that there will be some telephone or facetime contact while your child is away especially if you are away for longer than your child is usually away from the other parent, but you do not need it to interfere with your time with your child. Try to fit a call in when you arrive and part way through the break. If there are any delays or change to the holiday let them know.
What if the passport won‚ be handed over?
An application can be made to court for a specific issue order for the passport to be handed to you before the holiday and then returned when you come home.
Can my family take the children on holiday without me being with them?
If you reach an agreement the children can go on holiday with your family, but if not an application would have to be made.
What happens if the children are not returned when they should be?
If an order was made but the children are not returned to you do not panic. Contact your former partner by phone or at the place they are staying and check when they are returning, there may be a reasonable explanation. If they do not agree to return your child you will need to make an urgent application to the court, this can be quite detailed depending on where in the world they are. You should contact a solicitor who will be able to help you through the application.
If you have any questions or concerns regarding any of these issues regarding your holidays with your children you should seek legal advice please contact us at Alun Jones Family Law and one of our team will be happy to help.
